Power Services, Inc. v. MCI Constructors, Inc.

OPINION

Power Services, Inc. appeals an order of the district court dismissing its action against MCI Constructors, Inc. and MCI’s surety (collectively, “Appellees”) on the basis that the parties had reached a settlement. Because the record contains unresolved factual disputes relating to the existence of a settlement agreement, we vacate the judgment of the district court and remand for further proceedings.

I

This appeal arises from Power Services’ suit against Appellees to collect payment for services rendered. It is undisputed that counsel for Power Services, Robert J. Sciaroni, and counsel…